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Blaw
Test 3
31
Law
Undergraduate 3
11/20/2016

Additional Law Flashcards

 


 

Cards

Term
Property
Definition

 

consists of legally protected rights and interests a person has in anything with an ascertainable value that is subject to ownership. 

Term

 

Real property  

Definition

 

includes land everything permanently attached to it

Term

 

Personal property 

Definition

 

is both tangible and intangible. 

Term

 

A fixture 

Definition

 

is personal property that becomes permanently affixed to real property. 

Term

 

Production: 

Definition

 

Writers,inventors, manufacturers, and others who produce personal property acquire title to it. 

Term

 

Gifts:  

Definition

 

voluntary transfer of property ownership from Donor (owner) to Donee (recipient) for no consideration. 

Term

 

Mislaid Property: 

Definition

 

Voluntarily placed somewhere, then inadvertently forgotten. 

Term

 

Lost Property

Definition

 

Involuntarily left. 

Term

 

Abandoned Property

Definition

 

Discarded by true owner with no intention of recovering. 

Term

 

Common Carriers. 

Definition

 

Publicly licensed to provide transportation services to general public. 

 

Not permitted to contract away their liability, but can limit dollar liability. 

Term

 

Developing: 

Definition

 

Legislation Prohibiting Takings for Economic Development. 

Term

 

RestrictiveCovenants: 

Definition

 

aprivate restriction on the use of land and is generally binding on the purchaser of the land because it “runs with the land” as stated in the deed. 

Term

 

Inverse Condemnation

Definition

 

Government takes land without paying compensation at all. 

Term

 

Risk.

Definition

 

Prediction concerning potential loss based

on known and unknown factors. 

Term

 

Risk Management: 

Definition

 

Involves the transfer of certain risks from the individual to the insurance company by a contractual agreement. 

Term

 

Property Insurance: 

Definition

 

insured derives a pecuniary benefit from preservation and continued existence of certain property. 

Term

Type of Contract

 

  • Bilateral  

Definition

 

  • Offeree must only promise to perform (“promise for a promise”). 

Term

    Type of Contracts

 Unilateral  

Definition

 

  • Offeree can accept the offer only by completing the contract performance (“a promise for an act”). Irrevocable: Offer cannot be revoked once performance has begun. 

Term

 

  • Executed 

Definition

 

  • A contract that has been fully performed on both sides. 

Term

 

  • Executory  

Definition

 

  • A contract that has not been fully performed on either side. 

Term

 

Valid: 

Definition

 

agreement, consideration, contractual capacity, and legality. 

Term

 

Void:

Definition

 

no contract.

Term

 

  • “Plain Meaning” Rule: 

Definition

 

  •  courts will enforce contracts whose meanings are clear from the face of the instrument. 

Term

 

  • Agreement  

Definition

 

  • offer and acceptance. 

Term
Serious Intention
Definition

 

Contract is judged by what a reasonable person in the Offeree’s position would conclude about the offer. 

Term

 

Irrevocable Offers. 

Definition

 

Courts are generally unwilling to allow revocation when offeree has changed position based on justifiable reliance on the offer. 

Term

 

Counteroffer by the Offeree. 

Definition

 

  • Rejection of original offer and the

    simultaneous making of a new offer. 

Term

 

  • Mirror Image Rule 

Definition

 

  • At common law, any change in terms automatically terminates the offer and substitutes the counteroffer. 

Term

 

Bilateral Contract:  

Definition

 

Communication of acceptance is necessary because of mutual exchange of promises.

 

Not necessary if offer does not require. 

Term

 

Unilateral Contract 

Definition

 

acceptance is

evident, notification not necessary. 

Term

 

General Rule: 

Definition

 

acceptance is effective when offeree uses authorized means of acceptance. 

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